Pilots challenge FWA’s Qantas ruling

Qantas
long-haul pilots have launched an appeal in the Federal Court against the decision of Fair Work Australia that ended their right to strike, saying the ruling could jeopardise other unions’ right to take industrial action during the bargaining process.

The Australian and International Pilots Association yesterday lodged its appeal of the industrial umpire’s October 31 ruling in Sydney, arguing Qantas’s move to lock out workers and ground the airline on October 29 was extreme considering pilots had only worn red ties and made announcements over the aircraft personal address system.

But industrial relations lawyers said the pilots’ appeal was “tactical" in order to leverage greater control in negotiations, rather than a move that would become a benchmark for unions’ rights.

In a statement, the AIPA said appeal proceedings would “not halt negotiations currently under way between AIPA and Qantas management and AIPA remains fully committed to negotiating an outcome". Rather, they said the proceedings would challenge the validity of the order made by the full bench of FWA on a number of grounds including the union’s right to strike.

“This is a matter that needs to be clarified in order to ensure a precedent is not set which may give an employer the impression it can conduct itself in a similar manner to Qantas to bring about a calculated result which deprives its workforce of any rights during their bargaining process," AIPA said.

Related Quotes

Company Profile

“The obligations under the Fair Work Act of all parties involved in bargaining activities is to act in good faith. The obligations do not preclude but, in fact, protect the limited industrial action that was being taken by AIPA members."

Employment partner Simon Dewberry from law firm Allens Arthur Robinson said the appeal “was as much tactical as it is technical in the sense [the AIPA] will want the decision overturned so they don’t face binding arbitration".

The three unions involved in the dispute – AIPA, the Transport Workers Union and the Australian Licensed Engineers Association –are in a 21-day forced negotiation period, which can be extended by a further 21 days. If an agreement is not reached, FWA can arbitrate an outcome.

Mr Dewberry said the unions would prefer to reach a settlement with Qantas on their claims rather than face arbitration. Lodging the appeal would give them some leverage in the negotiations, given that “Qantas might be happy to ultimately have the matter heard at arbitration because of the unlikelihood of FWA imposing a job security clause by arbitration".

Middletons Workplace Relations and Safety partner Mark Howard said: “Arbitration tends to be all or nothing for the parties, whereas conciliation means the union can retain some element of control over the process."

If the Federal Court upheld the appeal, the three unions could once again take industrial action while they negotiated the new enterprise agreements.